Methven TC 3 December 2023 – R3 – Grant Hunt

Summary of Facts:

Following the running of Race 3, the Respondent Driver Grant Hunt admitted a breach of Whip Rule 869(2).  The particulars of the charge are that when driving STRIKE ME HANDSOME, he used his whip with more than a wrist flicking motion in the run home.

Rule 869 provides that:

(2) No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

Stipendiary Steward Matthew Sole used available video footage to demonstrate the breach. He pointed out Mr Hunt driving STRIKE ME HANDSOME, racing wide on the track and in contention as the field turned for home. Mr Sole showed that shortly after turning for home, Mr Hunt drew his whip and used it on at least 8 occasions with more than a wrist flicking motion. He added that Mr Hunt promptly returned back to a compliant style of whip use for the remainder of the race.

Mr Hunt elected to make no submissions in regard to the breach.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Sole produced the Respondent’s record which indicated a clear record in regard to this Rule.

He said that Stewards assessed the breach to be mid-level due to the number of strikes and the distance covered, whilst using the whip with more than a wrist flicking motion.

Mr Sole stated that the starting point for a mid range 1st breach of this Rule was a 2 day suspension or a $500 fine. He submitted that either a 2 day suspension or a $500 fine be considered as penalty in this case.

Mr Hunt requested a suspension be considered as penalty and sought a deferment of penalty until after racing at Geraldine on 9 December 2023, if a suspension was imposed.

Reasons For Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee also assessed the breach as mid-level.

The Penalty Guide provides a 2-day suspension or $500 fine as a starting point for a first mid range breach of this Rule.

It was determined that there were no aggravating factors to consider, therefore no uplift was warranted.

After taking consideration of all factors, it was determined that a suspension was an appropriate form of penalty. It was further determined that a 2 day suspension was an appropriate penalty in this case.

Conclusion:

Mr Hunt’s request for a deferment until after racing at Geraldine on 9 December 2023, is granted.

The Respondent is suspended for a period of 2 days commencing after racing on Saturday 9 December 2023, up to and including 15 November 2023. Relevant race days encompassed in this period of suspension are Oamaru – 13 December and Addington – 15 December 2023.